Wills of Stoddard Co. MO- Evans, Caddie Beatrice - Book D pg BkD139.txt **************************************************************** File contributed for use in the USGenWeb Archives Compiled and submitted by © 1999,2000, Connie Perkins ------------------------------------------------------------------------- USGENWEB NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. ----------------------------------------------------------------------- Record Book of Wills in the County of Stoddard, Missouri Book D Will 139 {This is a form page, the words written in italics are the handwritten words} LAST WILL AND TESTAMENT In the name of God, Amen: I, Caddie Beatrice Evans, aged twenty-five years, of Stoddard County, Missouri, being of sound and disposing mind and in good bodily health, do make and publish this, my last will and testament as follows, to wit: 1. I request that my funeral be conducted under the direction of my beloved husband, George Arthur Evans. 2. In view of the fact that I now have no child or children, that if I should have any child or children living at the time of my death, that each one then living have out of my estate the sum of Five Dollars. 3. I give and bequeath all the balance and residue of my estate, all my property, personal, real and mixed, of every kind, wherever situated to my beloved husband, George Arthur Evans, for him to have, hold and own absolutely, to do with as he may choose, trusting in my said husband to properly care for, educate and support our children, if we have any at the time of my death; it being my desire and intention that if I have any child or children living at the time of my death that they have none of my property except the Five Dollars to each one then living, and if I have no child or children then living that all my property go to and vest in my said husband, George Arthur Evans absolutely without any conditions whatever. I hereby appoint my beloved husband George Arthur Evans, executor of this will and I authorize him to act as such executor without any bond whatever, trusting in his fidelity and honor to execute this will in the manner herein pointed out. In Testimony whereof, I have hereunto subscribed my name this 16th day of April, 1906. Caddie B. Evans The foregoing instrument was at the date thereof signed and declared by the said Caddie Beatrice Evans, to be her last will and testament, in the presence of us, who at her request and in her presence and in the presence of each other, have subscribed our names as witnesses. Wm. C. Stewart Emil Drusch John W. Garner Commission To Prove Will State of Missouri County of Stoddard The State of Missouri To any court having a seal or the Judge thereof, or Justice of the Peach or any Notary Public, Mayor or chief Magistrate of any City or Town having a seal, in the City of Cape Girardeau, Cape Girardeau County, Missouri, Greeting: Know ye, /pg. 2/ That we hereby empower you to cause to come before you at the time and place to be by you appointed, Emil Drusch, attesting witness to the annexed instrument of writing purporting to be the last will and testament of Caddie B. Evans, deceased, and to then and there examine him, the said Emil Drusch, on oath, touching his knowledge of the execution of said instrument, and of the condition of the mind of the said Caddie B. Evans at the time of the execution and publication of the same as her last will and testament. The examination thus taken, you will reduce to writing and cause the same to be subscribed and sworn to by the said Emil Drusch and thereupon you will certify the same under your hand to M. Walker Cooper, Judge of our Probate Court of said County. In witness where of I, M. Walker Cooper, Judge of said Probate Court, have hereunto set my name and affixed the seal of said court, at Bloomfield, Missouri, on this 7th day of December, 1921. M. Walker Cooper, Judge of Probate Court Return To Commission To Prove Will State of Missouri County of Cape Girardeau Before M. G. Bender, a Notary Public, Cape Girardeau County, Mo. In pursuance of the authority to me given by the annexed commission issued by the Judge of the Probate Court within and for the County of Stoddard and State of Missouri, I, M.G. Bender, did on the 13th day of December, A.D. 1921, cause to come before me at Cape Girardeau, in the County of Cape Girardeau and State of Missouri, Emil Drusch, who being by me duly sworn deposeth and says that he was present and saw Caddie B. Evans sign the foregoing instrument of date April 16th, 1906, purporting to be the last will and testament of her, the said Caddie B. Evans and heard her publish and declare the same to be her last will and testament, and that at the time of signing the same, the said Caddie B. Evans was of sound and disposing mind, and that this deponent and Wm. C. Stewart and John W. Garner, the other attesting witnesses subscribed their names thereto as witnesses to the same in the presence of the testatrix, and of each other, and at the request of the said testatrix who was more than 21 years of age at the date of so declaring and signing said instrument, and further deponent saith not. Emil Drusch Sworn to and subscribed in my presence this 13th day of Dec. A.D. 1921. And I do hereby certify that the testimony of the said Emil Drusch as by me reduced to writing and by him subscribed in my presence, on the day and year and at the place above written, and his testimony so by me taken and certified is therewith returned. M.G. Bender Notary Public My commission expires Apr 20, 1923 /pg. 3/ State of Missouri County of Stoddard On this 13th day of December, 1921, before the undersigned M. Walker Cooper, Judge of Probate personally appeared George A. Evans, who being duly sworn, says that to the best information and belief of affiant Caddie B. Evans, died testate at Dexter, Missouri on the 11th day of February, 1921 leaving as her heirs at law George A. Evans, husband; Myrl Evans, daughter; and George Edwin Evans, son. Geo. A. Evans Sworn to and subscribed before me, this 13th day of December, 1921. M. Walker Cooper, Judge of Probate PROOF OF WILL STATE OF MISSOURI County of- Stoddard In the- Probate -Court of Stoddard County, Missouri BE IT REMEMBERED, That on this -13th -day of- December -, in the year of our Lord One Thousand Nine Hundred and- Twenty-one, before me - M. Walker Cooper, Judge - of the-Probate - Court, held in and for - the County of Stoddard -and State of Missouri, personally appeared - John W. Garner - who being duly sworn upon -his -oath, depose- s- and say-s -that -he - w - as - present and saw -Caddie B. Evans - sign the foregoing instrument, of date -April 16th - 19 -06 - purporting to be - - the Last Will and Testament of h - her - the said - Caddie B. Evans - and heard - her -publish and declare the same to be h -her - Last Will and Testament, and that at the time of signing the same, the said -Caddie B. Evans -was of sound and disposing mind, and that th -is - deponent - - and -Wm. C. Stewart and Emil Drusch -other attesting witness -es - subscribed their names thereto as witnesses to the same in the presence of the testat - rix - and of each other, and at the request of the said testat -rix - who was more than 21 years of age at the date of so declaring and signing said instrument. John W. Garner Sworn to and subscribed before me, -M. Walker Cooper, Judge -of the-Probate -Court, the day and year first aforesaid. M. Walker Cooper, Judge of Probate CERTIFICATE OF PROBATE STATE OF MISSOURI County of-Stoddard -}In the-Probate -Court- of Stoddard County Missouri I, - M. Walker Cooper, Judge - of the-Probate-Court-Stoddard -County, Missouri, having examined the foregoing instrument purporting to be - - the Last Will and Testament of -Caddie B. Evans - deceased, and signed by said - Caddie B. Evans - deceased, late of-Stoddard - County,- Missouri -and having heard the testimony of -John w. Garner - and - Emil Drusch -subscribing witnesses thereto, in relation to the execution of the same, do declare and adjudge said Instrument -is - the Last Will and Testament of said -Caddie B. Evans - deceased, and the same is therefore -admitted to probate. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said Court at office this - 13th - day of -December - 19- 21 M. Walker Cooper, Judge of Probate /pg. 4/ LETTERS TESTAMENTARY STATE OF MISSOURI County of-Stoddard To all to Whom these Presents shall come--GREETING: Know Ye, That the last will and testament of - Caddie B. Evans - deceased, late of-Stoddard -County, Missouri, hath, in due form of law been exhibited, proved and recorded, in the office of the -Judge - of the Probate Court of-Stoddard -County, Missouri, a copy of which is hereunto annexed; and Inasmuch as it appears that -George Arthur Evans - ha - s- been appointed execut - or- in and by said Last Will and Testament, to execute the same, and to the end that the property of the said Testator may be preserved for those who shall appear to have a legal right or interest therein, and that the said Last Will and Testament may be executed according to the request and instruction of the said Testator, we do hereby authorize - him - the said --George Arthur Evans - as such Execut- or -, to collect and secure, all and singular the goods and chattels, rights and credits, which were of the said - Caddie B. Evans - at the time of h - er - death, in whosoever hands or possession the same may be found; and to perform and fulfill all such duties as may be enjoined upon - him - by said Last Will and Testament, so far as there shall be property and the law charge -him - ; and in general to do and perform all other acts which are now or may be hereafter required of -him - by law. IN TESTIMONY WHEREOF, I -M. Walker Cooper, Judge - of the Probate Court in and for said County, have hereunto signed my name and affixed the seal of the said Court at office in- Bloomfield, Missouri-this -13th - day of -December -, A.D. 19-21 M. Walker Cooper, By- Judge -of said Court. EXECUTOR'S BOND, or Bond of Administrator with Will Annexed. 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